600 KAR 1:045. Disciplinary and separation procedures.


      RELATES TO: KRS 13A.100(5), Chapter 18A


      NECESSITY, FUNCTION, AND CONFORMITY: KRS 13A.100(5) requires any administrative body, unless such procedures are prescribed by a statute, which is empowered to promulgate administrative regulations to prescribe the disciplinary procedures within the jurisdiction of the administrative body. This administrative regulation establishes disciplinary procedures internal to the Transportation Cabinet.


      Section 1. Suspensions, Transfers, Demotions, Fines, and Dismissals. In the case of a suspension, transfer, demotion, fine, or dismissal of a Transportation Cabinet employee, the appointing authority or its agent shall issue notice of the proposed action pursuant to:

      (1) KRS 18A.095(3), (7), (8), (9), or (11), for a classified employee; or

      (2) 101 KAR 3:050, for an unclassified employee.


      Section 2. Written Reprimand. The appointing authority or its agent shall issue any written reprimand for a Transportation Cabinet employee pursuant to KRS 18A.095(9).


      Section 3. Responsibility of the Supervisor. (1) A supervisor shall report employee delinquency, misconduct or incompetency.

      (2) A supervisor who fails to report an employee who violates the policies and procedures of the Transportation Cabinet or personnel law because of friendship or other personal reasons, or because the supervisor does not agree with the law or the disposition of similar cases, may be disciplined, considering:

      (a) The severity of the employee's act;

      (b) The quality of the supervisor's work record; and

      (c) Any other matter germane to the supervisor's failure to report.


      Section 4. Layoffs. (1) Prior to separation by layoff, the appointing authority within the Transportation Cabinet shall prepare and submit a layoff plan to the Secretary of the Personnel Cabinet for approval, in accordance with KRS 18A.1131(2) or 18A.1132(1), (2), and (3).

      (2) The appointing authority or its agent shall notify the employee of the layoff in accordance with KRS 18A.1131(2) or 18A.1132(5), and applicable administrative regulations.


      Section 5. Resignation. (1) A Transportation Cabinet employee's signed, written resignation shall be submitted to the employee's chief district engineer, office head, or division director.

      (2) A written notice of resignation may be signed by:

      (a) The employee; or

      (b) The person accepting the resignation.

      (3) If no written notice of resignation is submitted, but resignation is indicated by the employee through absenteeism or other such act, the appointing authority may, considering the severity of the act, the employee's work record, and other matters germane to employee performance:

      (a) Take disciplinary action; or

      (b) Deem the employee resigned without disciplinary action, pursuant to 101 KAR 2:102, Section 9(3).


      Section 6. Suspensions, Fines, Demotions, Transfers and Dismissals. A disciplinary action against an employee of the Transportation Cabinet shall be taken in accordance with KRS 18A.095.


      Section 7. Unclassified Employees. (1) The signatory authority for a disciplinary or personnel action concerning an unclassified Transportation Cabinet employee shall be the same as for the corresponding disciplinary and personnel actions concerning classified Transportation Cabinet employees.

      (2) Disciplinary and personnel action concerning an unclassified Transportation Cabinet employee shall be undertaken in accordance with personnel laws and administrative regulations.


      Section 8. Suspensions Pending Investigation. (1) A suspension pending investigation shall be undertaken in accordance with 101 KAR 1:345 and 101 KAR 3:050.

      (2) The appointing authority or its agent shall issue the letter of suspension pending investigation for a Transportation Cabinet employee, pursuant to KRS 18A.095. (12 Ky.R. 293; eff. 9-10-85; Am. 13 Ky.R. 533; 894; eff. 11-11-86; 28 Ky.R. 457; 862; eff. 10-15-2001.)